Opinions of the United 2004 Decisions States Court of Appeals for the Third Circuit

10-22-2004

Weiss v. Regal Collections Precedential or Non-Precedential: Precedential

Docket No. 03-4033

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Recommended Citation "Weiss v. Regal Collections" (2004). 2004 Decisions. Paper 166. http://digitalcommons.law.villanova.edu/thirdcircuit_2004/166

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 03-4033

RICHARD WEISS, on behalf of himself and all others similarly situated, Appellant

v.

REGAL COLLECTIONS; LANCER INVESTMENTS, INC.

On Appeal from the United States District Court for the District of New Jersey D.C. Civil Action No. 01-cv-00881 (Honorable Alfred M. Wolin)

Argued May 28, 2004

Before: SCIRICA, Chief Judge, FISHER and ALARCÓN* , Circuit Judges

ORDER AMENDING OPINION

IT IS HEREBY ORDERED that the opinion in the above case, filed September 29, 2004, be amended as follows:

* The Honorable Arthur L. Alarcón, United States Circuit Judge for the Ninth Judicial Circuit, sitting by designation. Page 4, first column, line 20, which read: Sibley v. Fulton Dekalb Collection Servs.,

(11th Cir. 1982) (holding in dicta that equitable relief is not available to an individual under the Act.) shall read: Sibley v. Fulton Dekalb Collection Servs.,

(11th Cir. 1982) (noting that equitable relief is not available to an individual under the Act.)

Page 8, footnote 10, line 3: “arises” should be “arise.”

Page 14, footnote 19, line 1, which read: To hold otherwise would automatically result in a plaintiff seeking class relief in a consumer representative action to file a motion for class certification at the time of filing the class complaint. shall read: To hold otherwise would predictably result in a plaintiff who seeks class relief in a consumer representative action filing a motion for class certification at the time of filing the class complaint.

BY THE COURT,

/s/ Anthony J. Scirica Chief Judge

DATED: October 22, 2004

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